The Weekly Daf - #54
Bava Basra 121-127
Week of 15-21 Adar Rishon 5755 / 15-21 February 1995
By Rabbi Mendel Weinbach, Dean, Ohr Somayach Institutions
===========================================================================
A Poor Condition
The Rules:
Rule 1:
A father declares that he wants to cut off one of his sons from
inheriting him. The son hears the declaration and makes no protest.
When the father dies the disinherited son inherits along with his
brothers. The reason -- a man has no right to make conditions
contravening Torah Law which entitles all of his sons to inherit him.
Rule 2:
A man marries a woman on the condition that he will be exempt from the
Torah obligations to provide her with food, clothing and marital
relations. His condition regarding marital relations is null and void
because it contravenes Torah Law but his condition regarding food and
clothing is valid since these are merely monetary matters which are
subject to condition.
The Problem:
If a man has the power to make a condition in monetary matters even if it
contravenes Torah Law (as in Rule Two) why is the father's condition in a
monetary matter such as inheritance (in Rule One) not valid?
The Resolution:
The reason why the husband can make the condition regarding food and
clothes is that we assume that the woman who agreed to marriage on such
terms waived these monetary rights (which we do not assume in the case of
marital relations which are not of a monetary nature) and the condition
is therefore not contravening Torah Law. In the case of the disinherited
son we have no cause to assume that he waived his right to inheritance.
He has received nothing comparable to marriage to induce such a
concession on his part and his failure to protest is interpreted as an
understandable reluctance to anger his father. Without him waiving his
right we are left only with the father's power to make conditions in
regard to inheritance and this power is denied him because it contravenes
Torah Law.
Bava Basra 126
===========================================================================
Around History With Seven Men
Seven people span the entire history of the world.
1. Adam (1-930) was seen by
2. Mesushelach (687-1656) who was seen by
3. Shem (1558-2158), who was seen by
4. Yaakov (2108-2255). Yaakov was seen by
5. Amram, who was born to his grandson Kehas in Egypt during the last
17 years of Yaakov's life.
6. Achiya Hashiloni, who prophesied in the days of King Yeroboam, was born
in Egypt during Amram's lifetime. The Prophet
7. Eliyahu saw Achiya and he is still alive.
The figures for the first four are explicitly mentioned in the Torah. The
details on the other three are based on logical deduction and historical
tradition. (Rashbam)
Bava Basra 121b
=============================================================================
Are you subscribed to the OS-SPECIAL list?
If you were, then you would have just received this month's publication:
-> REB SIMCHA SPEAKS An Authorized Biography of Rabbi Simcha Wasserman, zt''l Chapter 3 - Child-Raising And Education By Yaakov Branfman and Akiva Tatz